Establishment; Designation. Pursuant to Section 301 of the Base Indenture, there is hereby established and authorized a new series of Securities under the Indenture, which series of Securities shall be designated the “9.000% Senior Notes due 2029.”
Establishment; Designation. There is hereby established a Regional Industrial Facility Authority to be known as the “Staunton River Regional Industrial Facility Authority”.
Establishment; Designation. Abolition or Termination, etc. of Series or Class. The establishment and designation of any Series or Class of Shares of the Trust shall be effective upon the adoption by a majority of the Trustees then in office of a resolution that sets forth such establishment and designation and the relative rights and preferences of such Series or Class of the Trust, whether directly in such resolution or by reference to another document including, without limitation, any registration statement of the Trust, or as otherwise provided in such resolution. The abolition or termination of any Series or Class of Shares of the Trust shall be effective upon the adoption by a majority of the Trustees then in office of a resolution that abolishes or terminates such Series or Class. Shares of each Series or Class of the Trust established pursuant to this Article III, unless otherwise provided in the resolution establishing such Series or Class, shall have the following relative rights and preferences:
(a) Assets Held with Respect to a Particular Series. All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits, and proceeds thereof from whatever source derived (including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets and any funds or payments derived from any reinvestment of such proceeds in whatever form the same may be) shall irrevocably be held separately with respect to that Series for all purposes, and shall be so recorded upon the books of account of the Trust. Such consideration, assets, income, earnings, profits and proceeds thereof, from whatever source derived, (including, without limitation, any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from any reinvestment of such proceeds), in whatever form the same may be, are herein referred to as "assets held with respect to" that Series. In the event that there are any assets, income, earnings, profits and proceeds thereof, funds or payments which are not readily identifiable as assets held with respect to any particular Series (collectively "General Assets"), the Trustees shall allocate such General Assets to, between or among any one or more of the Series in such manner and on such basis as the Trustees, in their sole discretion, deem fair and equitable, and any General...
Establishment; Designation of the Partnership Pension Plans to Receive Assets and Liabilities for the Teck Employees who are members of the Teck DB Pension Plan from the Teck DB Pension Plan
(a) The Partnership, at its option, may choose to continue any Teck Employee who is a member of the Teck DB Pension Plan in the Teck DB Pension Plan provided that the Partnership or its nominee, Elk Valley, provides to the Teck DB Pension Plan contributions, as required in order to fund the current service costs of the benefits to which the Teck Employee would be entitled and provided that the Partnership may put in place alternative pension arrangements for the Teck Employee that provide pension benefits substantially similar to what each Teck Employee who was a member of the Teck DB Pension Plan enjoyed immediately prior the Teck Employee Transfer Date for those Teck Employees.
(b) Where the Partnership does not continue the Teck Employees who are members of the Teck DB Pension Plan in the Teck DB Pension Plan, the Partnership or its nominee, Elk Valley, shall, effective as of and from the start of business on the Employee Transfer Date, establish or designate a registered pension plan or plans (the “Partnership Pension Plan”) to receive assets and provide pension benefits to the Teck Employees who are members of the Teck DB Pension Plan for both past and future service from and after the Teck Employee Transfer Date and shall forthwith notify Teck of the registration or designation of any such pension plan.
(c) Effective as of the Teck Employee Transfer Date, each Teck Employee who was a member of the Teck DB Pension Plan shall cease to actively participate in and accrue benefits under the Teck DB Pension Plan and shall commence participation in and accrue benefits under the Partnership Pension Plan;
(d) For each Teck Employee who was a member of the Teck DB Pension Plan, for the purposes of eligibility for membership in, vesting in, and eligibility for entitlement to benefits under the Partnership Pension Plan, the Partnership Pension Plan shall recognize the Teck Employee’s period of service prior to the Teck Employee Transfer Date that was recognized under the Teck DB Pension Plan for the purposes of eligibility for membership in, vesting and eligibility for entitlement to benefits under, the Teck DB Pension Plan;
(e) All benefits accrued by a Teck Employee who is member of the Teck DB Pension Plan under the Teck DB Pension Plan up to the Teck Employee Transfer Date shall be transferred fro...
Establishment; Designation. Pursuant to Section 2.01 of the Base Indenture, there is hereby established and authorized a new series of Securities under the Indenture, which series of Securities shall be designated the “5.25% Senior Amortizing Notes due 2017” (the “Notes,” and “Note” means each note of such series having an initial principal amount equal to the Initial Principal Amount).
Establishment; Designation. Pursuant to Section 3.01 of the Base Indenture, there is hereby established and authorized a new series of Debt Securities under the Indenture, which series of Debt Securities shall be designated the “9.125% Senior Notes due 2029.”
